On May 30, 2024 a
SUMMONS + COMPLAINT - Redacted per 22 NYCRR §202.5(e)
was filed
involving a dispute between
Barclays Bank Delaware,
and
Janive Pena,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Rockland County.
Preview
FILED: ROCKLAND COUNTY CLERK 05/30/2024 06:37 AM INDEX NO. 032984/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2024
CONSUMER
CREDIT TRANSACTION
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFROCKLAND
---------------------------------------------------X INDEX NUMBER:
Barclays Bank Delaware
SUMMONS
Plaintiff
PlaintiffsAddress:
-against. 125 S West Street
Wilmington, DE 19801
Janive Pena, Basis of Venue:
Defendant. Defendant's Address
____________________________________________________Ç
To the Person(s) Namedas Defendant(s) Above:
SUMMONED
PLEASETAKENOTICE THATYOUAREHEREBY to answer the complaint of the
plaintiff(s) herein and to
copy of your on
serve a
answer the plaintiff(s) at the address indicated below
within 20 days after the service of this Summons(not counting the day of service itself), or within 30
days after service is complete if the Summonsis not delivered personally to you within the State of New
York.
YOUAREHEREBY
NOTIFIED THATshould you fail to answer, a judgment will be entered against
you by default for the relief demanded in the complaint.
Dated: May21, 2024
TENAGLIA& HUNT, P.A.
Attorneys for Plaintiff
By:/s/ Sumera S. Shaikh /s/
Sumera S. Shaikh
Electronically signed pursuant to STL §304
365 West Passaic St, Suite 405
Rochelle Park, NewJersey 07662
5 Penn Plaza, 23rd F1
NewYork, NewYork 10001
Firm File No.: TA042970
NYCDepartment of Consumer
Affairs collection license No.: # 2047462
Defendant's Address(es):
Janive Pena
44 S Lilburn Dr
Garnerville NY 10923-1002
Firm File No.: TA042970
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FILED: ROCKLAND COUNTY CLERK 05/30/2024 06:37 AM INDEX NO. 032984/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2024
File No.: TA042970
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFROCKLAND
Barclays Bank Delaware
Plaintiff Index No.:
-against-
COMPLAINT
Janive Pena,
Defendant.
Plaintiff, by its Attorneys, complaining of the Defendant(s), respectfully alleges that:
1. Plaintiff is a Delaware state chartered bank.
2. Upon information and belief, the Defendant(s) resides or has an office in the county in which this
action is brought, or the defendant(s) transacted business within the county in which this action is
brought, either in person or through an agent and the instant cause of action arose out of said
transaction.
3. At all relevant times herein, Defendant was the holder of a credit card that enabled Defendant to
charge items to the credit card bearing account no. ending in the last four digits 2712. (The
"Account.")
4. Plaintiff is the original creditor for the Account.
5. By using the account, Defendant agreed to certain terms and conditions requiring Defendant to
make payments towards the balance incurred thereon .(The "Agreement")
6. Defendant's account defaulted when Defendant failed to make the required payments as set forth
in the agreement, and as a result, was in breach of the terms and conditions thereunder.
7. The last payment on the Account took place on February 16, 2023 in the amount of $582.00.
8. The most recent monthly statement recording a purchase, last payment, or balance transfer prior
to charge-off reflected an account number ending in 2712 and a balance of $1,440.18.
2 of 3
FILED: ROCKLAND COUNTY CLERK 05/30/2024 06:37 AM INDEX NO. 032984/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2024
9. The Account was a revolving credit account with (i) $2,003.36 due as of charge-off; (ii) +
$0.00 interest accrued since charge-off; (iii) + $0.00 non-interest charges or fees accrued
since charge-off; and (iv)
- $0.00 payments and/or credits made on the debt since charge-off;
10. There is still due on said account the sum of $2,003.36, of which no part has been paid
although repeated demands for same have been made and as often refused.
11. Upon information and belief, the Statute of Limitations has not yet expired.
Wherefore, Plaintiff demands as damagesthe sum of $2,003.36, together with costs of this suit.
The undersigned attorney hereby certifies that, to the best of his/her knowledge, information and
belief, formed after an inquiry reasonable under the circumstances, the presentation of the within
complaint and the contentions therein are not frivolous as defined in Part 130-1.1(c) of the rules of the
Chief Administrator.
Dated: May 22, 2024
TENAGLIA& HUNT, P.A.
Attorneys for Plaintiff
By:/s/ Sumera S. Shaikh /s/
Sumera S. Shaikh
Electronically signed pursuant to STL §304
365 West Passaic St, Suite 405
Rochelle Park, NewJersey 07662
5 Penn Plaza, 23rd Fl
NewYork, NewYork 10001
NYCDepartment of Consumer
Affairs collection license No.: # 2047462
3 of 3
Document Filed Date
May 30, 2024
Case Filing Date
May 30, 2024
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: ROCKLAND COUNTY CLERK 05/30/2024 06:37 AM INDEX NO. 032984/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2024 CONSUMER CREDIT TRANSACTION SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFROCKLAND ---------------------------------------------------X INDEX NUMBER: Barclays Bank Delaware SUMMONS Plaintiff PlaintiffsAddress: -against. 125 S West Street Wilmington, DE 19801 Janive Pena, Basis of Venue: Defendant. Defendant's Address ____________________________________________________Ç To the Person(s) Namedas Defendant(s) Above: SUMMONED PLEASETAKENOTICE THATYOUAREHEREBY to answer the complaint of the plaintiff(s) herein and to copy of your on serve a answer the plaintiff(s) at the address indicated below within 20 days after the service of this Summons(not counting the day of service itself), or within 30 days after service is complete if the Summonsis not delivered personally to you within the State of New York. YOUAREHEREBY NOTIFIED THATshould you fail to answer, a judgment will be entered against you by default for the relief demanded in the complaint. Dated: May21, 2024 TENAGLIA& HUNT, P.A. Attorneys for Plaintiff By:/s/ Sumera S. Shaikh /s/ Sumera S. Shaikh Electronically signed pursuant to STL §304 365 West Passaic St, Suite 405 Rochelle Park, NewJersey 07662 5 Penn Plaza, 23rd F1 NewYork, NewYork 10001 Firm File No.: TA042970 NYCDepartment of Consumer Affairs collection license No.: # 2047462 Defendant's Address(es): Janive Pena 44 S Lilburn Dr Garnerville NY 10923-1002 Firm File No.: TA042970 1 of 3 FILED: ROCKLAND COUNTY CLERK 05/30/2024 06:37 AM INDEX NO. 032984/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2024 File No.: TA042970 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFROCKLAND Barclays Bank Delaware Plaintiff Index No.: -against- COMPLAINT Janive Pena, Defendant. Plaintiff, by its Attorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiff is a Delaware state chartered bank. 2. Upon information and belief, the Defendant(s) resides or has an office in the county in which this action is brought, or the defendant(s) transacted business within the county in which this action is brought, either in person or through an agent and the instant cause of action arose out of said transaction. 3. At all relevant times herein, Defendant was the holder of a credit card that enabled Defendant to charge items to the credit card bearing account no. ending in the last four digits 2712. (The "Account.") 4. Plaintiff is the original creditor for the Account. 5. By using the account, Defendant agreed to certain terms and conditions requiring Defendant to make payments towards the balance incurred thereon .(The "Agreement") 6. Defendant's account defaulted when Defendant failed to make the required payments as set forth in the agreement, and as a result, was in breach of the terms and conditions thereunder. 7. The last payment on the Account took place on February 16, 2023 in the amount of $582.00. 8. The most recent monthly statement recording a purchase, last payment, or balance transfer prior to charge-off reflected an account number ending in 2712 and a balance of $1,440.18. 2 of 3 FILED: ROCKLAND COUNTY CLERK 05/30/2024 06:37 AM INDEX NO. 032984/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2024 9. The Account was a revolving credit account with (i) $2,003.36 due as of charge-off; (ii) + $0.00 interest accrued since charge-off; (iii) + $0.00 non-interest charges or fees accrued since charge-off; and (iv) - $0.00 payments and/or credits made on the debt since charge-off; 10. There is still due on said account the sum of $2,003.36, of which no part has been paid although repeated demands for same have been made and as often refused. 11. Upon information and belief, the Statute of Limitations has not yet expired. Wherefore, Plaintiff demands as damagesthe sum of $2,003.36, together with costs of this suit. The undersigned attorney hereby certifies that, to the best of his/her knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the within complaint and the contentions therein are not frivolous as defined in Part 130-1.1(c) of the rules of the Chief Administrator. Dated: May 22, 2024 TENAGLIA& HUNT, P.A. Attorneys for Plaintiff By:/s/ Sumera S. Shaikh /s/ Sumera S. Shaikh Electronically signed pursuant to STL §304 365 West Passaic St, Suite 405 Rochelle Park, NewJersey 07662 5 Penn Plaza, 23rd Fl NewYork, NewYork 10001 NYCDepartment of Consumer Affairs collection license No.: # 2047462 3 of 3